§ 22.266 — Los Angeles County Zoning Code

22.266.010 - Purpose. ¶

The purpose of this Chapter is to:

A.

Implement goals and policies of the General Plan with respect to the unincorporated urban expansion areas of Santa Clarita, Newhall, and Gorman, which:

1.

Promote an equitable distribution of the costs and benefits of governmental actions;

2.

Promote a distribution of population consistent with service system capacity and resource availability;

3.

Seek to maintain a balance between increased intensity of development and the capacity of needed public facilities; and

4.

Give priority to upgrading existing public facilities in areas lacking adequate facilities;

B.

Mitigate adverse impacts due to the inadequacy of law enforcement facilities that might otherwise occur due to new development; and

C.

Comply with the procedures for adoption of developer fees contained in the Mitigation Fee Act in section 66000 et seq. of the California Government Code.

(Ord. 2022-0008 § 145, 2022.)

22.266.020 - Definitions. ¶

Specific terms used in this Chapter are defined in Section 22.14.120(L) of Division 2 (Definitions), under "Law Enforcement Facilities Fee."

(Ord. 2022-0008 § 145, 2022.)

22.266.030 - Applicability. ¶

A.

The provisions of this Chapter shall apply to new development projects which, as of August 23, 2008, the effective date of the ordinance establishing this Chapter are yet to receive final discretionary approval and/or the issuance of a building permit or other development right. The fees provided in this Chapter shall also be imposed upon a previously improved lot when a building permit is issued to add 1,000 square feet, or more, to an existing building unit upon such lot.

B.

No tract map, parcel map, discretionary permit, building permit, other land use permit, or other entitlement, for a new development project as defined in this Chapter, shall be approved unless payment of the law enforcement facilities mitigation fee is made a condition of approval for any such entitlement.

C.

Additionally, the fees provided for in this Chapter shall be imposed upon a lot, which has been previously improved with a building unit, whenever a building permit is issued for a new building unit on an adjoining lot under common ownership and which new unit constitutes, in effect, an addition of 1,000 square feet, or more, when constructed, or an expansion of use of the previously improved lot. Such fee shall be calculated upon the total square footage of new construction and paid by every person or entity for which a building permit is issued.

(Ord. 2022-0008 § 145, 2022.)

22.266.040 - Exemptions from Fee. ¶

The following shall be exempt from the provisions of this Chapter:

A.

Notwithstanding the provisions of Section 22.266.030.A, additions to residential structures that are less than 2,000 square feet in size shall not be subject to the fees otherwise required by this Chapter.

B.

No fee imposed by this Chapter shall be imposed upon the issuance of building permit for the restoration of existing buildings, or buildings damaged by fire, or natural disasters such as earthquake, wind, or flood, where the replaced building, or portion thereof, does not exceed the original gross floor area. For purposes of this Section, "gross floor area" shall be determined by the Director of Public Works, or the Director of Public Works' designee, and excludes accessory structures such as decks, patios, barns, sheds, and kiosks.

(Ord. 2022-0008 § 145, 2022.)

22.266.050 - Establishment of Law Enforcement Facilities Mitigation Fee. ¶

A.

This Chapter establishes a law enforcement facilities mitigation fee. The amount of the fee to be imposed on a new residential, commercial, office, and/or industrial development project is based upon the findings and conclusions set forth in the "Santa Clarita-North Los Angeles County Law Enforcement Facilities Fee Study, October 29, 2007," and shall not exceed the estimated reasonable cost of providing law enforcement facilities for such residential, commercial, office, and/or industrial development projects.

B.

The law enforcement facilities mitigation fee shall be a uniform fee within each law enforcement facilities fee zone, based on the estimated cost of providing the projected law enforcement facility needs in each such zone, as identified in Table 22.266.050-A, below:

TABLE 22.266.050-A: LAW ENFORCEMENT FACILITIES MITIGATION FEE
Zone 1: Santa Clarita Zone
Per single-family dwelling unit	$467.00
Per multi-family dwelling unit	$337.00
Per 1,000-square-foot commercial unit	$69.00
or, per square-foot of commercial space	$0.07
Per 1,000-square-foot ofce unit	$87.00
or, per square-foot of ofce space	$0.09
Per 1,000-square-foot industrial unit	$35.00
or, per square-foot of industrial space	$0.03
Zone 2: Newhall Zone
Per single-family dwelling unit	$863.00
Per multi-family dwelling unit	$652.00
Per 1,000-square-foot commercial unit	$129.00
or, per square-foot of commercial space	$0.13
Per 1,000-square-foot ofce unit	$161.00
or, per square-foot of ofce space	$0.16
Per 1,000-square-foot industrial unit	$64.00
or, per square-foot of industrial space	$0.06
Zone 3: Gorman Zone
Per single-family dwelling unit	$1,285.00
Per multi-family dwelling unit	$971.00
Per 1,000-square-foot commercial unit	$192.00
or, per square-foot of commercial space	$0.19

Per 1,000-square-foot ofce unit	$240.00
or, per square-foot of ofce space	$0.24
Per 1,000-square-foot industrial unit	$96.00
or, per square-foot of industrial space	$0.10

(Ord. 2022-0008 § 145, 2022.)

22.266.060 - Annual Review of Fee. ¶

A.

The amount of the fees established by Section 22.266.050 (Establishment of Law Enforcement Facilities Mitigation Fee) shall be reviewed annually by the Sheriff, in consultation with the Auditor-Controller. On July 1st of each year, the fee in each law enforcement facilities fee zone shall be adjusted as follows: calculate the percentage movement between April 1st of the previous year and March 31st of the current year in the Engineering Record-News Building Construction Cost Index-Los Angeles (ENR-BCCI); adjust the fee in each law enforcement facilities fee zone by said percentage amount; and round to the nearest dollar. No adjustment shall result in a fee that is greater than the amount necessary to recover the cost of providing the applicable law enforcement facilities.

B.

If it is determined that the reasonable amount necessary to recover the cost of providing the law enforcement facilities exceeds the fee as adjusted by Subsection A, above, the Sheriff shall present an alternative fee proposal to the Board for consideration. Such alternative fee proposal may reflect changes in the actual cost of completed law enforcement facilities projects or, if such projects have not been completed, then the estimated cost of the proposed law enforcement facilities. The proposal may also reflect changes in the law enforcement facilities proposed, as well as the availability or lack of other funds with which to provide such facilities.

C.

The Sheriff may also present an alternative fee proposal to the Board for approval, as may be necessary, to ensure that the law enforcement facilities mitigation fee is a fair and equitable method of distributing the costs of the law enforcement facilities necessary to accommodate the law enforcement needs generated by the development of land in the unincorporated areas of north Los Angeles County.

(Ord. 2022-0008 § 145, 2022.)

22.266.070 - Time of Payment of Fee. ¶

A.

No building or similar permit for any new development project, as defined in this Chapter, shall be issued until the applicant has paid the applicable law enforcement facilities mitigation fee to the Sheriff. In the

event that an applicant desires to proceed only with development of a portion of the development project, the applicant may obtain building permits for that portion of the project, after paying a proportional share of the total law enforcement facilities mitigation fee for the project to the satisfaction of the Sheriff.

B.

Notwithstanding the provisions of Subsection A, above, payment of the law enforcement facilities mitigation fee for a single-family or multi-family development project shall not be required prior to the date of the final inspection or the date the certificate of occupancy is issued for the first unit in the development, whichever occurs first, unless the County has previously adopted a capital improvement plan or proposed construction schedule and has established an account and appropriated funds for the law enforcement facilities to be financed by the fee, or unless the fee is intended to reimburse the County for expenditures already made. Additionally, notwithstanding the provisions of Subsection A, above, payment of the law enforcement facilities mitigation fee for projects for occupancy by lower income households, meeting the criteria set forth in section 66007(b)(2)(A) of the California Government Code, shall not be required prior to the date of the final inspection, or the date the certificate of occupancy is issued for the first unit in the development, whichever occurs first. Where payment of the fees may only be collected on the date of final inspection or the date the certificate of occupancy is issued, as provided in this Section, execution of an agreement to pay the required fee or applicable portion thereof, within the time specified herein, shall be a condition of issuance of the applicable building or similar permit. Such agreement shall constitute a lien for the payment of the fee and shall be enforceable as provided in section 66007 of the California Government Code.

(Ord. 2022-0008 § 145, 2022.)

22.266.080 - Deposit and Use of Fees Collected. ¶

All law enforcement facilities mitigation fees received by the County shall be deposited in a special law enforcement capital facilities fund and expended solely for the purposes for which the fee was collected. A separate law enforcement capital facilities fund account shall be established for each of the three law enforcement facilities fee zones. All funds from the imposition of fees provided herein shall be deposited into such accounts to be used exclusively for the purpose of land acquisition, engineering, construction, installation, purchasing, or any other direct cost of providing law enforcement facilities, as defined in Section 22.266.020 (Definitions), and for no other purpose. All interest income earned shall be credited to each account, and shall be used solely for the purposes for which the fee was collected.

(Ord. 2022-0008 § 145, 2022.)

22.266.090 - Consideration in Lieu of Fee. ¶

A.

The Sheriff may accept substitute consideration in lieu of the law enforcement facilities mitigation fee required pursuant to this Chapter, provided the Sheriff finds that the proposed substitute consideration:

1.

Has a value equal to or greater than the applicable law enforcement facilities mitigation fee otherwise due;

Is in a form acceptable to the Sheriff; and

3.

Is within the scope of the applicable law enforcement facilities project.

B.

The Sheriff may accept substitute consideration in lieu of a portion of the law enforcement facilities mitigation fee required pursuant to this Chapter where the Sheriff finds that the substitute consideration proposed is less than the value of the required fee but is in a form acceptable to the Sheriff and is within the scope of the applicable law enforcement facilities project. Such substitute consideration may be accepted by the Sheriff only after payment of an amount equal to the difference between the value of the substitute consideration, as solely determined by the Sheriff, and the amount of the otherwise required fee.

(Ord. 2022-0008 § 145, 2022.)

22.266.100 - Reimbursement. ¶

The provisions of Section 22.266.090 (Consideration in Lieu of Fee) shall not prevent the execution of a reimbursement agreement between the County and a developer for that portion of the cost of law enforcement facilities paid by the developer which exceeds the need for the law enforcement facilities attributable to and reasonably related to the development.

(Ord. 2022-0008 § 145, 2022.)

22.266.110 - Alternative Method. ¶

This Chapter is intended to establish an alternative method for the financing of public law enforcement facilities, the need for which is generated directly, or indirectly, by new development projects. The provisions of this Chapter shall not be construed to limit the power of the County to utilize any other method for accomplishing this purpose, but shall be in addition to any other fees, or requirements which the Board is authorized to impose as a condition to approving new development pursuant to State and local laws.

(Ord. 2022-0008 § 145, 2022.)

Chapter 22.268 - AFFORDABLE HOUSING REPLACEMENT FEE